M.S. Sanklecha. J.

1. By this Public Interest Litigation, petitioners are essentially challenging the permission granted on 12 April 2012 by the Municipal Commissioner (herein after referred to as 'erstwhile Commissioner') of Municipal Corporation of Greater Mumbai (herein after referred to as Corporation) to respondent No.6 namely – Vasant Sagar Properties Pvt. Ltd. (herein after referred to as Vasant Sagar) to construct a building on its property situated in 'A' ward bearing plot No.11, C. S. No.1689 of Fort Division at 'A' Road, Off Marine Drive, Mumbai 400 020 (herein after referred to as the said property) with the height of 58 meters. The impugned permission dated 12 April 2012 was granted in terms of Regulation 67(2)(iii)(b) of the Development Control Regulation for Greater Mumbai, 1991 (DCR 1991) which allows reconstruction of a Building with a height in excess of 24 meters (excluding height of stilt on the ground floor) with special permission of the Commissioner.

2. Briefly, the facts leading to this PIL are :-

(i) In 1940, a building consisting of ground and five upper floors constructed thereon was leased by the State Government to one Visonji Rustonsey for a per